(1) Subject to subsection (2), where an agent application is received by the Authority, the Authority shall refer the application to the Council for its consideration.
(2) The Authority is not required to refer to the Council an agent application in respect of organisms of a particular kind if:
(a) other action to have them declared to be agent organisms is being, or has been, taken under this Act; or
(b) action to have them declared to be organisms that may be released to control the population of other organisms is being, or has been, taken under a relevant State law.